High court hears case on federal benefits for gays

A woman holds up a sign that reads "REPEAL DOMA," the Defense of Marriage Act, as a group from Alabama prays in front of the Supreme Court in Washington, Wednesday, March 27, 2013. In the second of back-to-back gay marriage case, the Supreme Court is turning to a constitutional challenge to the law that prevents legally married gay Americans from collecting federal benefits generally available to straight married couples. (AP Photo/Carolyn Kaster)
— AP

A woman holds up a sign that reads "REPEAL DOMA," the Defense of Marriage Act, as a group from Alabama prays in front of the Supreme Court in Washington, Wednesday, March 27, 2013. In the second of back-to-back gay marriage case, the Supreme Court is turning to a constitutional challenge to the law that prevents legally married gay Americans from collecting federal benefits generally available to straight married couples. (AP Photo/Carolyn Kaster)
/ AP

WASHINGTON 
In a landmark debate over gay marriage, Justice Anthony Kennedy, a conservative but often a decisive vote, is expressing concern about the impact of a federal law that prevents married gay couples from receiving a range of benefits afforded straight married Americans.

Kennedy's comment came as other conservative justices on the court seemed skeptical about whether they should even proceed with the case over a challenge to the Defense of Marriage Act.

The court is hearing arguments in the case Wednesday on its second day of hearings on gay rights issues.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

In the second of back-to-back gay marriage cases, the Supreme Court turned Wednesday to a constitutional challenge to the law that prevents legally married gay Americans from collecting federal benefits generally available to straight married couples.

A section of the 1996 Defense of Marriage Act says marriage may only be a relationship between a man and a woman for purposes of federal law, regardless of state laws that allow same-sex marriage.

Lower federal courts have struck down the measure, and now the justices, in nearly two hours of scheduled argument Wednesday, will consider whether to follow suit.

A somewhat smaller crowd gathered outside the court Wednesday, mainly gay marriage supporters who held American and rainbow flags. One man wore a rainbow flag as a cape. "Two, four, six, eight, we do not discriminate," a group chanted at one point. "If this isn't the time, when is the time? When does equality come into play?" asked Laura Scott, 43, of Columbia, Md.

The DOMA argument follows Tuesday's case over California's ban on same-sex marriage, a case in which the justices indicated they might avoid a major national ruling on whether America's gays and lesbians have a right to marry. Even without a significant ruling, the court appeared headed for a resolution that would mean the resumption of gay and lesbian weddings in California.

Marital status is relevant in more than 1,100 federal laws that include estate taxes, Social Security survivor benefits and health benefits for federal employees. Lawsuits around the country have led four federal district courts and two appeals courts to strike down the law's Section 3, which defines marriage. In 2011, the Obama administration abandoned its defense of the law but continues to enforce it. House Republicans are now defending DOMA in the courts.

Same-sex marriage is legal in nine states and the District of Columbia. The states are Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont and Washington. It also was legal in California for less than five months in 2008.

The justices chose for their review the case of Edith Windsor, 83, of New York, who sued to challenge a $363,000 federal estate tax bill after her partner of 44 years died in 2009.

Windsor, who goes by Edie, married Thea Spyer in 2007 in Canada after doctors told them that Spyer would not live much longer. She suffered from multiple sclerosis for many years. Spyer left everything she had to Windsor.